ML16190A227

Request for Withholding Information from Public Disclosure, 6/30/16 Affidavit Executed by J. Gresham, Westinghouse; Technical Analysis Next Generation Fuel Implementation Amendment Request

ML16190A227
Person / Time
Site:	Palo Verde
Issue date:	07/13/2016
From:	Siva Lingam Plant Licensing Branch IV
To:	Edington R Arizona Public Service Co
Lingam S
References
CAC MF8076, CAC MF8077, CAC MF8078
Download: ML16190A227 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 13, 2016 Mr. Randall K. Edington Executive Vice President Nuclear/

Chief Nuclear Officer Mail Station 7602 Arizona Public Service Company P.O. Box 52034 Phoenix, AZ 85072-2034

SUBJECT:

PALO VERDE NUCLEAR GENERATING STATION, UNITS 1, 2, AND 3-REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NOS. MF8076, MF8077, AND MF8078)

Dear Mr. Edington:

By letter dated July 1, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16188A336), Arizona Public Service Company (the licensee) submitted an affidavit dated June 30, 2016, to the U.S. Nuclear Regulatory Commission (NRC),

executed by Mr. James A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company LLC (Westinghouse), requesting that the information contained in the following document (Attachment 8 to the enclosure of the letter dated July 1, 2016) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

• "Technical Analysis (Proprietary Version)," under Description and Assessment of Proposed License Amendment.

A nonproprietary copy of document "Technical Analysis (Non-Proprietary Version)," under Description and Assessment of Proposed License Amendment (Attachment 7 to the enclosure of the letter dated July 1, 2016), has been placed in the NRC's Public Document Room and added to the NRC Library (ADAMS Accession No. ML16188A333).

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

(b) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.

(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

R. Edington (d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.

(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

R. Edington If you have any questions regarding this matter, I may be reached at 301-415-1564.

Sincerely,

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Siva P. Lingam, Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-528, 50-529, and 50-530 cc: Mr. James A Gresham Manager, Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive, Building 3 Cranberry Township, PA 16066 Additional Distribution via Listserv

ML16190A227 OFFICE NRR/DORL/LPL4-1 /PM NRR/DORL/LPL4-1 /LA NRR/DSS/SRXB/BC (A)

NAME Sling am JBurkhardt EOesterle DATE 07/11/16 07/11/16 07/13/16 OFFICE NRR/DSS/SNPB/BC NRR/DORL/LPL4-1 /BC N RR/DORL/LPL4-1 /PM NAME JDean (YOrechwa for) RPascarelli Slingam DATE 07/13/16 07/13/16 07/13/16